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S P E E C II 

F 

/ 



RICHARD T. ARCHER, ESQ., 

DELIVERED ON THE TENTH DAY OF AUGUST, 1S60, AT 

PORT GIBSON, MISS., 



IS AXSWEU TO A CHALLEXCR FltOJI 




MESSRS. B. G. HUMPHREYS, Sr. AND OTHERS. 
BELL AND EVERETT PARTY, 



TO snow THAT THERE IS SUFFICIENT LAW IN THE TEKKITORIES OF THE UNITED STATES, 
FOE THE PROTECTION OP ALL PERSONS AND PROPERTY. 



PORT GIBSON, MISS. 
J. E. ELLIOTT, PRINTER. 

MDCCCLX. 




SPEECH 



RICHAKD T. ARCHER, ESQ 



Fellow Citizens : — I am hero on the challenge of my 
esteemed friend of Lucknow, to prove that there is law in the 
Territories for the protection of your equal rights if you go 
there. 

I was not challenged to defend the Democratic party ,• and 
I decline to do so, for the following reasons : 

First. — I think the Democratic party has character enough 
to withstand all the abuse of its enemies. It will never be 
in dano-er, until my friend shall persuade it to take his worm 
medicines. 

Secondly. — I should as soon expect to argue my friend out 
of his religion, as out his bitter hatred of the party he aban- 
doned. He says I joined his party; I never knew by what 
party principles he was governed, except bitter hostility to 
Democracy. Never a partizan myself, though at all times a 
Democrat, I could not have joined hia party. 



4 SPRECfl OF n. 'I'. AUCIfRR, E.sU. 

Third. — I cannot reply to my friend, because I asked per- 
mission to see his reply to me in manuscript. He consented, 
but after I had read it, he objected to my answering it ; until 
it had all appeared in print. 

I affirm, and will endeavor to demonstrate : 

First. — That the will of God is the basis of all law. 

Second. — That property is a natural right. That the nor- 
mal condition of the negro, is slavery. That it is a normal 
right of the white man to buy him for a possession and an 
inheritance forever. 

Third. — What Avere the rights of the States, when they con- 
quered their independence of England. 

Fourth. — That State governments are not sovereign. 

Fifth. — That the Federal government is not sovereign. 

Sixth. — The ConL^litution of the United States ; for what 
purposes established ; its powers defined and limited. 

Scrnith. — The powers of Congress in the Territories, and 
what laws govern the Territories. 

Eighth. — Abraham Lincoln ineligible for the Presidency. 

Ninth. — Stephen A. Douglas ineligible. 

Tenth. — John Bell unworthy. 

Eleventh. — That John C. Ereckenridge is eminently wor- 
thy and constitutional. 

Finding my speech long, I have rt^jected much amplifica- 
tion, and noAv to avoid the beaten track of thought, at the ex- 
pense of effect, I shall curb myself by reading mucli of what 
1 have to say. 

If my esteemed friend of Lucknow is in luck now ; his dan- 
gerous heresies will be exploded, and sound principles of law 
will be pr(!Sented, which will raise an impregna1)le bulwark of 
defences to his property; which if the laws are administered 
faithfully, will resist all assaults. For these laws, I will not 
appeal to a Congress, a majority of which would pass no la\\- 
for the defence of his slave j)roperty ; but would if the Consti- 
tution invested f1ic power to legislate <'ii ibis subj(>c1. jtass laws 



SrRF.rH tip i;. T. Ar..IIF',R, F.>ii. ', 

to abuli.sli and aimiliilatt' his riglit of pioporty. I'\)rtuuat('ly 
for tlio slave-owner, we are not in their power, but our proper- 
ty is liedged round witli (h'fences which Congress has no pow- 
er to r(>p(;al or to impair. I hope that the great importance of 
these rights ; the great value of our slave property, and the 
honor of freemen, who cannot without ignominy and degrada- 
tion submit to this wrong, will cause you to bear with me pa- 
tiently while 1 laboriously expound tliese laws from the first 
chapter of Genesis, down to the Constitution of the United 
States of America. 

In every civilized and Christian land, the will of God, 
clearly revealed and understood, is the highest law, and the 
basis of all law. ISTo nation or people can claim to be civilized, 
whose laws contravene the laws of God. I suppose no good 
christian, or good citizen will deny this : I maintain tlien, that 

PROPERTY IS A NATURAL RIGHT. 

"And God said, let the earth bring forth the living creature 
after his kind, cattle and creeping thing, and beast of the 
earth after his kind : and God saw that it was good." The 
learned Dr. Samuel A. Cartwright informs us, that in the He- 
brew Bible, in this tvrenty-fourth verse of the first chapter of 
Genesis :" God (furtlier) said, let the earth bring forth ?«/e/- 
lectual creatures loltli immortal souls, after their kind." And 
he shews, that these creatures with immortal souls, were ne- 
groes. "And God said, Let us make man in oiu* imago, after 
our likeness: and let them have dominion over the fish of the 
sea, and over the fowl of the air, and over the cattle, and over 
all the earth, and over every creeping thing that creepeth upon 
the earth." Gen. i. 26. Thus God invested the white man 
with property and sovereignty over the eartli, and in everv 
living thing thereon, the negro included. 

Again: "Both thy bondmen, and thy lioudmaids, which 
thou shalt have, shall be of the heathen that are round about 
you; of tlumi shall y<> buy bondmen and bondmaids. 

"?*riir(Mi\-er, of rlic cinidri'ii of the strano-frs that iln sdjdiini 



C SPEECH OF R. T. ARCHER, ESQ. 

among you, of them tiliail ye liu}', ami of tlieir families tliat art 
with you. Avliicli they begat in your land: and thL^y shall be 
your possession. 

"And ye shall take them as an inheritance for your children 
after vou, to inherit them for a possession; they shall be your 
bondmen forever: but over your brethren the children of Is- 
rael, ye shall not rule one over another with rigor." her. xxv. 
44-45-46. 

At one and the same time, C<od gave to man dominion over 
the earth, Avhich is sovereignty over it ; and property in the 
usufruct, and he gave man dominion over every living crea- 
ture, the negro inclusive; which is sovereignty over them and 
property in them. And imtil it can be shown that God's au- 
thority is subordinate to man's authority, that the laws of God 
may b(^ rightfully contraven(;d by the laws of man ; no human 
laws can abolish proj)erty in the earth; or property in the liv- 
ing creatures of earth, tin' negro included. They may bo 
transferred as property frorn one white man to another, but 
they cannot be alienated from the race of the white man. 

There can be no abolition of slavery ; no warrantoeism. — 
There is property in man, property as an inheritance to our 
children aft(u- us, to inherit them for a possession; they shall 
be our bondnien forever. Therf? is no room for the pretence 
that the negro is iVee; that It is stealing him to buy him. God 
ordains that he is a slave forever. God conunands us to buy 
him; and to buy, presupposes property in him ; ownership in 
the seller; a right to convey by purchase and sah;. 

Property in the earth, and all things thereon and therein ; 
iiud especially in the negro : is then a natural and normal 
ri^'lit, anterior and superior to the civil law. When man enters 
into association, civil laws may be instituted for its regulation, 
for its division and allotment in special and exclusive owner- 
ship in subdivisions ; for its transfer by purchase, and by 
descent ; or otherwise for its protection and use. 

It is not true then, that jn-operty is the creature oi' the civil 



sri.RCil (»F R. 'I'. ARCIIF.R, KSQ. 7 

law. God alone created it; God nlone gave it. Gdd gvivi; it 
for a purpose ; he coupled duties and oljli<::ations with the 
gift ; and it is inalienable from the race of the white man, be- 
cause God's will, God's mandates are not to be avoided, con- 
travened or annulled. When, therefore, our fathers of the 
Revolutionary war, coucjuered their 

I\DEPENDEXCE, 

they were remitled to the full and perfect possession of all 
their rights ; of sovereignty and property in that portion of the 
earth within the boundaries of the body politic or States of 
which they were inhabitants, and of all other territory OAvned, 
exclusively or jointly, and in common with other States ; to 
all their dominion over, and property in, the living creatures, 
including negroes, which God had given to man, as a possess- 
ion and an inheritance. Being sovereign, they could retain 
or reject, as to them seemed best, all civil laws; but the laws 
of God, and the rights v/hich he created, and with which he 
invested them ; they could not annul. For these natural rights 
stood on the same high law, God's will; with their sovereignty 
over the State territory ; and being of equal dignity and au- 
thority with the sovereignty, could not be abolished by the 
sovereign authority. It is the attribute of sovereignty, to de- 
fend every man's life, every man's liberty, every man's prop- 
erty, every man's morals, every man's religion, and to promote 
the general welfare. It can destroy no man's life, no man's 
liberty, no man's property, unless they forfeit them by crime. 
It can violate no man's morality; it can dictate no man's re- 
ligion. Sovereignty, then, is defined; that right to legislate 
and govern, ordained to the Avhite man, in the generic tei*m, or 
in the aggregate, for the protection of life, liberty, property, 
morality and religion ; it is a unit, indivisible an^ inalienable, 
which cannot be delegated to another, or usurped by any pow- 
er; but abides always in (he people to whom (rod ordained 
it. If it could be delegated rightfully, there could be no right 
io reeall it. TriJ-emiid lie ris'lilAii] v ii^mited. tliore (MmM Ik^ 



S f-PEKCII OF n. T. AUnil'U^, KSQ. 

no right to overtlirow tlie iL^uriiciiiou ; and despotitjin would be 
perpetuated in overthrow of God's will and the sovereignty 
with which God invested man. But authority may be dele- 
gated to an agent, or to agents, to exercise powers which are 
re\'ocablo when the public welfare demands. And authority 
has often been usurped by despots which may be rightfully 
overthrown. There cannot be at one and and the same time, 
a riglitful sovereignty and a right to overthrow that rightful 
!^o\ereignty. But sovereignty over a definite portion of ter- 
ritory, may be aljandoned to others, when the territory is 
transferred to them. But this neither divides, impairn, or del- 
egates the sovereignty which remains perfect, indivisible, and 
complete within its reserved territorial limits ; witli all tlu! 
rights and obligations of tlir liody politic. It may unite wltli 
another, or other sovereigns ; and consolidate into on(! sover- 
eignty, if the general welfare is promoted. 

it may confederate with other sovereign States; and ap- 
|i()iiit a eonimon agent, to which each may delegate authority 
lo (Id ■•iiiv aet, v,(iic-li the sovereign may do; but it cannot de- 
stroy itself, or maim or destroy any of its members or facul- 
ties; for self pr(>servation is as mncb a law to bodies ])olitic, as to 
iiatmnl [htsous. They are indeed, under higher and more iin- 
I'erieiis ohliLiatioiis. tlian natural persons. In the creation ol' 

S'JA'I'K (;OVEU.\MEi\TS, 

a speci;!.] agenl is created, v\bich is not sovereign,^ though the 
people who are the sovereignty, slumld delegate full authority 
to exercise every ])ower which the sovereign could exercise. 
It is a question of policy, how much power shall be delegated ; 
f(jr these poA\'ers may be eidarged or curtailed, and recalh.'d 
at the pleasure of the peoph-. 'I'hey may be abrogated ami 
new constitutions adopted. These agents or gowrnmenis be- 
ing the cn'atures of the sovereignty, are of less authority, 
and cannot violate natural rights, or God's laws; for the sov- 
ereignty itself, it has been shown, is subordinate to God's law, 
and but equal to natural rights, which were cr(>ati'd at the 



sPEford (.(•' R. ■{'. Aui iii:H, i;>(4. \) 

same liiius and by the .sauie puwer; and are tla'n.'fuiv ('(|Ual iu 
dignity and authority of existence. 

So also in t]io creation of a common or confederate jajovern- 
ment. 

The contracting sovereigns can devolve on the confederate 
government no power which the separate sovereigns could 
not exercise. They cannot confer the power to violate natu- 
ral rights ; they cannot subordinate God's authority to Federal 
authority; they cannot dictate sovereignty: but they may 
make compacts between themselves, as to the powers they 
delegate to the common agent; as to the powers they will fcr- 
bear separately to exercise ; and these compacts are contracts 
binding on the good faith of the parties ; but sovereigns being 
equal, and no common authority over them being possible; 
they are each the judge of these compacts, and when they 
may be annulled or are revocable. 

They could, if consistent with the general welfare, have 
consolidated into one sovereignty ; and have merged their 
separate individualities into one uncontrollable sovereignty. 
This is the great impending danger; for when this shall have 
resulted from Black Republicanism, or other combination, lib- 
erty and personal rights will have perished ; and a despotism 
will have been inaugurated. 

But our fathers wisely chose to confederate, and not to con- 
solidate. They have preserved their separate sovereign in- 
dividuality. They have strictly defined and limited the 
powers delegated to the common agent ; they have stated 
clearly the powers they will forbear separately to exercise ; 
and they have reserved all powers not expressly delegated to 
the Federal agent ; or agreed to forbear the exercise of by the 
States. And here, in qiialification and limitation of all that 
I have spoken ; I reiterate that bodies politic are under obli- 
gation to God, to preserve themselves, and to perfect them- 
selves. They cannot maim, or lop oft' any power or faculty 
necessary to that perfection. For il]u^itralio^, just as 1. a 



10 8PEF,CH OF n. T. ARCHKR, !■,. U- 

natural body, fur tlie j^aku of harmony, the profound i-cspici i 
entertain for my friends, and for self respect, will Ibrbear all 
personality in tins discussion ; but if my right hand should 
oft'end, I niay not v/ithout sin, lop it oft". 

Our wise fathers especially enumerated and stated,, in the 
preamble, for Avhat purposes they ordained and established 

THE CONSTITUTION OF THE UNITED STATES. 

We, the people of the United States, in order to form a 
more perfect iiuion, establish justice, ensure domestic tranquil- 
ity, provide for the conmon d(ifence, promote the general Avel- 
fare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution of the 
United States of America, in this Constitution, no authority 
is given to Congress to legi.-late for 

THE TERKITORIES OF THE UNITED STATES, 

save what is contained in the last half of Section iii. of Ar- 
ticle 4, in these words : 

"The Congress shall have power to dispose of, and make 
all needful ruh;s and regulations respecting the territory or 
other propei'ty belonging to tht; United States j and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State." — 
The framers of the Constitution knew, that wheresoever there 
is territory, there is sovereignty in the owners ; whether held 
in separate ownership or in joint and common property. That 
Avheresoever there is sovereignty, there the laws go ; and that 
law is an absolute and imperative necessity over every territo- 
ry and people. They kneiv also, that the Federal govern- 
ment was not a sovereignty, but a common agent of several 
confederate sovereigns. Had they intended to confer on this 
common agent, the authority to legislate for the territories, 
they Avould have done so. No one denies that the territories 
are the common property of all the States. It is in virtue of 
this common property, and common sovereignty, that all thfe 
citizens of all the States, have an unquestioned right to re- 



SPRKCH OF n. r. ARclIKH, F.SQ. ' ' 

move into tlif tcrritor'u'rf, and to cruTy their jiropins n.i, . 
No reason for this right of all tlio citi/.ens of .ill thi- States to 
go into the common territories, and carry their property there, 
can bo given, that is not conclusive^ to show that the laM's of 
the States must necessarily precede them, to protect flieir cit- 
izens in their lives and prf)pert3'. God ordained sovereignty 
for protection. It is conceded that these sovereigns, iu com- 
mon of the territories, if they had chos(!n to do so, might li,i\-e 
conferred authority on their common agent, the l«^Hleral go\ - 
ernment, to legislate for the tca-ritories ; hut th(>y did not con- 
fer this power, but reserved it. It cannot be conceded tliaf 
these States can b(i excused and exonerated from the high ob- 
ligation of sovereigns, to provide laws. We are fortified, 
then in oxu' position, that at the time the Constitution of the 
United States was adopted, all the States but one, being slave 
States, all the laws of the States, by harmonions concurrence, 
were recognized as authoritative in the territories. It is con- 
ceded that governments do sometimes usurp authority, to 
cancel natui'al rights, and to withdraw the protection of law, 
within their exclusive territorial limits : but they have no 
right to do this, iu territories common to them and to otlun-s. 
And if the laws of the sovereigns in common conflict, the 
equal and ef[uivalent authorities counteract and jmnnl ench 
other. 

But the right to own slaves, being a normal right of the 
white man, eternal and authoritative by (iod's mandate ; and 
this right being in actual practical exist(!nce : and Congress 
having no authority to repeal, or to pass laws, or even rules 
and regulations, prejudicial to any right or claim of a State; 
and it being the duty of the Federal government to protect 
citizens and their property wheresoever the jurisdiction of the 
United States extends, it is the duty of the Federal govern- 
ment to enforce the laws ; and if a contumacious jv.ry shall 
refuse to render a verdict, it is the dxity of the Court to enforce 
obedience. TF *]ie v,.v,i;i.t i^^ n<lv<'v~i- t" sl;n-('-owner, on ac- 



12 SPEECH OF R. T. ARCHER. E,-u. 

couut of refusal to recognise slavery; although in a suit Le- 
twcen citizens, it would be a violation .of a State right, and 
the judge should not receive the verdict. If the judge is also 
contumacious, and ignores the right to hold slaves, his decis- 
ion i.s void for want of cognizance of political State rights ; 
and he is amenable to impeachment. If the people in the 
territoiy resist the law, they become rebels, and should be 
treated as rebels, if it requires all the military force of the 
United States to compel obedience. 

It may be objected, that the laws of so many States would 
conflict in the territories, but as no power exists to destroy or 
to annul natural rights, there can be no conflict. That there 
may be surplusage of laws, for the protection of life, liberty, 
property, morality and religion in the territories, where they 
are so much needed, is no valid objection ; they will hedge 
these rights in a panoply of defences. 

But if the laws would conflict, this does not disprove that 
they are rightfully ther(\ The citizens of the States meet 
there in deadly hostile conflict, yet their right to go there is 
unquestionable. The Republicans say, that our rights meet 
theirs in " irre])i'essible conflict ; " but this is the pretension 
of fanatics, fools, i-ebels aiid traitoi-.s. 

Much more may b(^ said on this important question, but I 
will only repeat, that when the Constitution was adopted, all 
the States but ou<n were sla\'e States, and there was no con- 
tiict of laws then. Reaffirniiug all said in my first address, I 
think then, I have chiarly established what I undei'took to 
prove; that there is ample l;nv in the territories for the pro- 
tection of all rights. 

Here, as an interlude, I will pay a passing compliment to 
my fricaids of the Jiell and Everett party. They are acopm- 
plished circus riders ; they ride three horses at once, Lincoln, 
Douglas and Bell, with such unrivalled skill that it is impos- 
sible to tell, which is their favorite in the race. 

But as horses arc inelio-iltle to th<' I'residencv. I will en- 



SPEECH OF R. T ARCHER, ESU 13 

deavor to show, that these their favorites, are ineligible. We 
will test them by the Coustitution. 

All the Federal laws must conform to the Constitution of 
the United States to be authoritative. Can this Constitution 
beset at naught in favor of a candidate for the Presidency? 
Can he be as much of a traitor as Benedict Arnold, and yet 
eligible to the Presidency 1 

ABRAHAM LINCOLN. 

The Constitution of the United States was ordained and 
established in order to form a more perfect union; the Repub- 
licans and Lincoln declare an " irrepressible conflict" between 
the slave States and the auti-slave States. The Constitution 
was ordained to establish justice ; the Republicans declare 
their purpose to violate our equal rights in the territories. — 
The Constitution was ordained to secure domestic tranquility ; 
the Republican policy is to incite rebellion in our slave pop- 
ulation, and to incite the settlers in the territories to rebel- 
against State dominion in their common trrritories. The Con- 
stitution was ordained to provide for the common defence ; 
the Republicans instigate war on the slave States.. The Con- 
stitution was ordained to promote the gdueral welfare ; t;ie 
Republican purpose is to destroy the labor system of the 
slave States, to reduce them to desolation and pauperism.— 
The Constitution was ordained to secure the blessings of 
liberty to ourselves and our posterity; the Republican pur- 
pose is to usurp a fanatical despotism over ourselves and our 
posterity. God declares the normal right of the white man 
to own the negro as a possession ; they declare the normal 
right of the negro to be free in the territories. 

If Lincoln was candidate for Monarch, Emperor. Autucrat, 
Sultan, or any other denomination of executive ruler known 
to the world, he would not be more outside of the Constitution 
and the Union, more ineligible as the President of the Uni- 
ted States, than he now is ; and no majority of electoral 
votes can make him President de jure of the United States. 



14 .SPEECH OF R. r. AR( HKR, KSU. 

He is an enemy, he is therefore an expatriated foreigner for 
all the purposes of a Constitutional Union. 

STEPHEN A. DOUGLAS. 

He is the Arch Fiend of squatter sovereignty, who incites 
the people of the territories to rebel against the rights of the 
sovereign States in their common territory, to claim sovereign 
powers therein ; and he is the sanction for bigamy, for licen- 
cious pollutions, and all the turpitudes in Utah ; for incendi- 
arism, brutality, bloodshed, murder and outrage in Kansas. — 
He, too, is outside the Constitution and the Union ; a rebel 
against its rightful objects and principles, and therefore inel- 
igible as President of the United States. 

JOHN BELL. 

The political Judas Iscariot ; who, standing in the Senate 
of the United States, sworn to support the Constitution of 
the United States ; acknowledged that the Missouri compro- 
mise violated the Constitution of the United States, violated 
the sacred obligations of the ti'eaty with France, by which 
Louisiana was acquired; and when called on to repeal this 
infamous compromise, unmindful of the obligation of his oath 
and of the turpitude of perjury, refused to support the Con- 
stitution and repeal the compromise which violated it, because 
some of the Northern people were opposed to the repeal. I 
envy not the moral sense, 1 envy not the self respect of any, 
who can vote for such a man. Who can consent to contide to 
his faithful guardianship, the liberties and the rights of his 
country ? 

JOHN C. BRBCKINUIDGE. 

He is pledged to preserve tht^ Union, to uphold established 
justice, to ensure domestic tranquility, to provide for the com- 
mon defence, to promote the general welfare, to secure the 
blessings of liberty to ourselves and our posterity, and to de- 
fend the normal rights of the Southern citizens to their slave 
property. 

Of a family renowned for patriotism, talent, courage and 



SPKK( H OK R. r. AR( HRR, RSQ. 1,0 

honor ; believed liimself to be distinguished for all these vir- 
tues ; in the physical and intellectual vigor of young man- 
hood ; if elected, it is hoped he will restore purity to the 
Constitution, reinstate the equality of rights to all citizens, 
the triumph of law over lawlessness, peace and harmony 
throughout the confederacy ; and such a triumph of the will 
of God, in this, his chosen land upon earth ; that the people 
may shout, Hallelujah! Hallelujah! Glory be to God on 
hiffh ! 



Mr. Rollins, a Bell and Everett partizan said : 
" We have listened to you respectfully, and we wish res- 
pectfully to ask you a question." j, 

Mr. Archer. — " I will ansAver it, if in my power." 
Mr. Rollins. — "If Lincoln should be elected, would you 
think it sufficient cause to dissolve tlie Union 1" 

Mr. Archer. — "I do not understand you as asking if I, 
an individual citizen, would undertakti to overthow the usur- 
pation : but I think that the election of Lincoln would be an 
usurpation, which it would be the imperative duty of all the 
States to overthrow, and I should rejoice to occupy the most 
perilous position that could be assigned me." 



RESPONSE 



TO TIIF. CII.\1,1.E1VGK OF MY BELI. AND EVERETT FRIENDS, 
BEN G. HUBIPHREJVS, Sr., JAS. H. MAURY, AND OTHERS. 



"!{l>M THR I'OKT :;1HSI)N TUI-WKEKLY SOUTHERN KEVf-.II.I.E OF AHCUST II, ISOll. 



A street discussion about the position taken by Mr. Breck- 
inridge in his letter of acceptance that " the friends of con- 
stitutional eqiiality do not, and have not demanded a Congres- 
sional slave code, nor any code in regard to property in the 
territories;" and that " they hold the doctrine of non-inter- 
vention by Congress or by a territorial Legislature, either to 
establish or prohibit slavery, but that they assert, (fortifii^d by 
the highest judicial tribunal in the Union,) the plain duty of 
tlm Federal Government in all its departments, to secure when 
necessary, to citizens of all the States, the enjoyment of tlunr 
property in the territories," led to a challenge to me to show 
that there is law for the protection of property in the territo- 
ries. Without law books or State papers to refer to, with no 
aids but the faint recollection of the little law read when a 
boy, the newspaper and Congressional discussions occasional- 
ly read, (for I was never a great reader,) and principles es- 
tablished in my mind, 1 had the temerity to accept the chal- 
lenge. To those learned in law and statesmanship, such a 
discussion can present but little of interest or instruction, but 
the affirmation that th(ire is law and the absurd negation of 
law, ;n',' tha first, fortified by conclusions so irresistable ; and 



16 KEferOI\.SK UK K. T. ARCHER, ESU. 

the latter, discredited by the fact, that unless there be law, 
the administration of justice in the territories from the earliest 
period of our Government, has been lawless and arbitraiy, en- 
courag(!S me to hope that my task will be light. 

For such territories as are a part of the former French col- 
ony of Louisiana, to which by the treaty of cession it was 
stipulated, if I am not in en-or, that the inhabitants should be; 
protected in all their property, ( slaves inclusive,) all the laAvs 
of the colony necessary to the protection of property remain- 
ed in force, until other laws were constitutionally and without 
violation of this treaty substituted. The Missouri compromise 
could not repeal them, because the Missouri compromise was 
a violation of the Constitution of the United States, and of 
the treaty of Louisiana. Kansas, I think, is a part of the 
territory of Louisiana. 

But a territory or foreign domain, when acquired by con- 
quest or otherwise, if without law, or uninhabited, or if bar- 
barian, becomes subject to the laws of the dominant State or 
kingdom. If conquered or acquired by two or more States or 
kingdoms, jointly, and in equal right, unless it is provided by 
an agreement or otherwise, such territory becomes subject to 
the laws of both dominant States or kingdoms, jointly, so far 
as reconcilable and necessary to the well orderc^d governing of 
the acquired territory. When, therefore, a territory is ac- 
quired by the United States, it is the property of the States 
in common, and not only do the laws of the United States go 
there, but all the laws of all the States necessary to the pro- 
tection of life, liberty and the pursuit of happiness ; and pro- 
tection of property go with them. Now property is an imjjcv 
rious necessity of life, and in the pursuit of happiness and 
protection of property, goes from every State into tlie territo- 
ries of the States or United States. And in case of slaves 
taken into a territory, not oidy is it protect(Kl by thi' laws of 
all the States which protect property in general, but, as all 
the slave States have a common and equal prop(!rty in all the 
territories, the laws of the slave States which are necessary 
to the protection of property in slaves, go there with the slaves 
add are ad hoc a part of the laws of the United States, for the 
mast(;r carries his slave into a territory with all his rights un- 
impaired, and the most important of these rights is legal 
protection. 

But it may be asked, as the nou-slave-owning States have 



RH.Sl'UNSE OF K. T. AKi;HEK, KSQ. li) 

an etj^iuil property in the territories, why do not their hiws 
prohibiting slavery, go into the territories also? I answer, 
because the necessity of prot(?ction of property is universal — 
is a duty. The peculiar policy which any sovereign State or 
kingdom may adopt, of excluding a particular species of prop- 
erty, ii special, and limited by the bounds of their special 
and exclusive dominion or sovereignty. When it is attempt- 
ed to carry it into a territory common to them and other sover- 
eign States, it is in conflict with higher rights and duties. — 
The duty to protect the citizen in his rights of property is one 
of the higiiest duties and necessities of governments. The 
prerogative of destroying property, is a prerogative of sover- 
eignty which overrides the rights of the citizen only when 
sovereignty is exclusive or when all the sovereigns concur. 
I maintain that all the laws of all the States are, so far as ap- 
plicable and necessaiy to the protection of life liberty, prop- 
erty antl morals, ad hoc a part of the laws of the United 
States, They go into the territories by the same necessity 
that the common law was after the declaration of indepen- 
dence; a part of the law of the States. 

1 think I am sustained in this by all the practice of the 
Federal government, from the earliest history of our territo- 
rial govornmeat. Judges and U. S. Attoruies have been ap- 
pointed for the leiritories and laws have b^fien administered. 
Either all the justice administered in the territories has been 
lawless, or there was law in the territories. Let us take a 
strong and conspicuous example. The Federal government 
sent judges and other officers into the territory at Utah, and 
upon necessity, it sent tin; army of the United States there to 
aid in administering justice. Did the Federal government 
act lawlessly? The Congress of the United States has no 
moral code, it can pass none. Jealous religious freedom with- 
holds the power. The squatter sovereigns of Utah, among 
other lawless acts, legalistnl bigamy, and if this abomination, 
squ.iiter sovereignty, be lawful power in the people of a ter- 
litory, they had as much authority for doing so, as Louisiana 
had to license faro banks, a power, I believe never questioned 
in Louisiana. But all th<3 laws of all the States which own 
the territory of Utah, make bigamy criminal and punish it. 
Ls it right and lawful to dethrone the sovereign States of this 
confederacy of thtiir sovereignty in Utah, and to inaugurate 
bigamy and all the turpitudes of congri^gated criminals? Did 



;,'(! HKSl'O'.N-^K (.IF li. 1. AKIHBK, KSQ. 

the Federal goveruuieut act lawlessly in seiidiiig the army of 
the United Stat-'S into Utah ; and did it have the sanction of 
the criminal codes of all the States ? Is it the duty of the 
Federal governnn^nt to eradicate and utterly exterminate this 
abomination before Utah can be invested with sovereignty, or 
should the Govermneut passively submit, and let these squat- 
ter sovereigns bo invested with legitimate sovereignty, when 
they will b(^ as competent to legalize bigamy as Louisiana was 
to legalize faro banks 1 I mHintain then, tiiat every species 
of property when carried into a territory, is hedged, shielded, 
guarded and barricaded by ample laws for its protection and 
defence, and that it is " the plain duty of the Federal govern- 
ment in all its departments, to secure when necessary, to the 
citizens of all the States, the enjoyment of their property in 
the common territories." It is absurd to suppose that our 
government has existed for eighty-four years, with territories 
to gov(;ru during all that tini^-, without laws to govern them, 
refusing to pass laws, and making no adjudications which be- 
come law. And with whatever temerity I may be justly 
chargeable, I renew the chaUenge to ail these Know Nothings 
of the Bell and Evertjtt party to disprove what 1 maintain. 

By the Know Nothing Bell and Everett gentlemen, I was 
tauntingly asked, how 1, a disunionist ^;er -se, could vote for 
Mr. Breckinridge, a Union man 'i I answer, that 1 am not a 
disunionist per sc. I am a worshipper of God pe?- sc, and as I 
think right and acce})table to my God ; all else that I ain, or 
ever have been, I am, and liave been, for cause. When Mr. 
Breckinridge was chosen Vice President of the United States 
spontaneously, (for if he evi^r sought, I was not aware of it,) 
I predicted to my friend and neighbor, Mr. Wm. T. Magruder, 
that in the same manner lie would be chosen Presid(!nt of the 
United States, and 1 designatiid him as emiiuuitly fitted for 
tlu! station. Tluire was one feature in his election that I par- 
ticularly approved ; he was called to the public service in the 
vigor of manhood, and not in the imbecility of dotage. I had 
seen the paralysis of government from the timidity, the du- 
plicity and imbecility of superannuated men placed at the 
helm of the ship of State. Breckinridge is of a stock re- 
nowned in the past for talent, courage, patriotism, statesman- 
ship and honor. I had })ersonally known his talented ac- 
complished, and eminently gentlemanly father, when I was a 
young man. 1 had been at college with liis cousin, Carey 



KC.-^roAsK uh' i{. r. .M!('iii;i!, i;;-u. jl 

Breckinridge, of Virginia, aud was, and still am, his warm 
friend. All I kue^v personally of the Breckim-idgi; family 
but confirmed the belief that they are a noble race of men. — 
That Mr. Breckinridge and I may differ on many (j^iiestions, I 
thought probable. I have differed on some questions with my 
long cherished friend Jefferson Davis, unquestionably my first 
choice for the Presidency, or for any other high public station. 
I am in favor of separation from the Northern States for am- 
ple and patriotic reasons. But could I hope for that equality 
in the Union, intended to be guaranteed by the Constitution 
of the United States, could I see that the Union is union, 
aud not fettered antipatliics, bound together for dominion of 
the strong and servile submission of the weak, no one would 
more highly appreciate the benefits of Union in the foreign 
relations of the country. Suppose then, that I suppose the 
government will be so administered by Mr. Breckinridge, and 
in the event of his death, by Gen. Jo. Lane, who was intro- 
duced to me, and endorsed to me by my honored friend, Gen. 
John A. Quitman, as "as good a Southern man as himself," 
may I not without inconsistency desire to see them elected % 
May I not, give confidence to their administration % May I 
not do all I can for their election, and rejoice in its accom- 
plishment ? 

RICH'D T. ARCHER. 
Anchuca, July 1860. 



^The mitJior loillfeel highly obliged to Editors who will 

copy the foregoing into their respective papers. 



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